Sen. Ted Cruz might finally get the chance to prove he is eligible to run for president once and for all.

A Houston-based attorney has filed a lawsuit against Cruz, asking the U.S. Supreme Court to settle whether Canadian-born Cruz is eligible for the presidency. Noting that the Iowa caucuses are just weeks away, the attorney asks the court to expedite the case as quickly as possible.

"This 229 year question has never been pled, presented to or finally decided by or resolved by the U. S. Supreme Court," wrote attorney Newton Schwartz in his lawsuit that he filed Thursday. "Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

He writes: "It is undisputed, by all legal scholars, there is no U.S. Supreme Court decision or precedent: determinative of the following agreed facts of this case and controversy. 'Natural born citizen' has never been defined."

Schwartz asked the court to rule that Cruz is not eligible to run for President.

The Cruz campaign declined to comment on the suit, but said Cruz has no connection Schwartz.

Despite growing concern as the Iowa caucus nears, Cruz has brushed off questions about his eligibility, calling it a "non-issue" and "settled law." Cruz was born in Calgary, Alberta to an American mother, which made him a U.S. and Canadian citizen at birth. The question clouding the Cruz campaign is whether his U.S. citizenship is considered "natural born."

GOP rival Donald Trump has taken up the 'birther' cause, calling Cruz a risk to the Republican Party if his become the presidential nominee or is drafted as vice president. Trump called for Cruz to drop out of the race Wednesday, unless his eligibility is clarified.

“Since September, the Constitution hasn’t changed, but the poll numbers have,” Cruz said. He also noted that some legal theories supporting Trump’s attacks require a U.S. president to have two American parents, disqualifying Trump as well. Trump’s mother was born in Scotland.